Watkins is wrong about the unconstitutionality of the Federalists' sedition act because he uncritically adopts Madison and Jefferson's 1798 reading of the First Amendment. |
He would say what he conceived constituted the unconstitutionality of a treaty. |
Such judicial power has been interpreted to include the power to review and invalidate, based on unconstitutionality, both federal and state actions. |
To abolitionists, capital punishment is equally uncivilized and deserving of a definitive ruling of its unconstitutionality. |
Unless the judgement rules otherwise, that part of the law not affected by unconstitutionality shall remain in force. |
It is part of dealing procedurally, if one likes, on an interlocutory basis with the problem of unconstitutionality before it is known to be unconstitutional. |